Today, OMB published the bi-annual Unified Regulatory Agenda.  This important transparency tool reflects agency rulemaking updates and plans for the immediate future.  The updates are broad and encompass all areas of rulemaking.  The dates provided by the agency are best thinking at the time and are subject to change. For purposes of this blog, we focus on EB-5 immigrant investor regulations. Fall 2018 Statement of Regulatory Priorities on EB-5 by USCIS Employment Creation Immigrant Regulations.…
USCIS has proposed rules that could deny entry to non-immigrants seeking admission to the United States and adjustment of status to permanent residence to immigrants if they rely on public benefits for food, housing or medical care, and other forms of public assistance. The proposed rule – “Inadmissibility on Public Charge Grounds” – is published in the Federal Register. The public may comment on the proposed rule during the 60-day comment period ending…
USCIS has proposed rules that could deny entry to non-immigrants seeking admission to the United States and adjustment of status to permanent residence to immigrants if they rely on public benefits for food, housing or medical care, and other forms of public assistance. The proposed rule – “Inadmissibility on Public Charge Grounds” – is published in the Federal Register. The public may comment on the proposed rule during the 60-day comment period ending…
UPDATE: In November, USCIS will accept EB I-485 applications based on the Department of State’s Dates for Filing chart. The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process. The complete visa bulletin can be found here. Below is a summary of the November Visa Bulletin, including Final Action Dates and changes…
Historically, the U.S. Department of Labor’s Wage and Hour Division has been the primary auditor of companies using H-2B visa to hire temporary, seasonal workers. But amid debates over the cap on H-2B visas and an expressed need for more H-2B workers  the USCIS’ Fraud Detection and National Security unit (FDNS) is getting into the mix and conducting unannounced site visits. Until now, FDNS, according to its website, has been conducting compliance-review site visits…
In June 2018, USCIS circulated a new policy memo providing guidance on when cases should be referred for deportation proceedings and when Notices to Appear (“NTAs”) should be issued in instances where applicants are deemed inadmissible or deportable.  Implementation of the new policy was delayed as USCIS determined how exactly the new policy would be put into action.  While we have yet to see how implementation will take shape, the policy is now in force and…
This week’s edition of the Compliance News Flash by Arnall Golden Gregory includes blurbs about the: National Association of Professional Background Screeners (NAPBS) conference in Baltimore; Temporary Protected Status program and an injunction against the government; EU-U.S. Privacy Shield program and enforcement actions against organizations related to their certification; Updated “A Summary of Your Rights under the Fair Credit Reporting Act” model form; and Italy and the General Data Protection Regulation (GDPR). Click here to read
On October 3, 2018, California U.S. District Judge Edward Chen granted a preliminary injunction in the case of Ramos v. Nielsen, preventing the Department of Homeland Security from terminating Temporary Protected Status for El Salvador (scheduled to end on 9/9/19), Haiti (7/22/19), Nicaragua (1/5/19), and Sudan (11/2/18).  The injunction remains in place until the Court lifts it or the lawsuit ends.…
California Federal Judge Edward M. Chen has issued a nationwide preliminary injunction in Ramos v. Nielsen, preventing the Administration from implementing its decisions to terminate Temporary Protected Status (TPS) for El Salvador, Haiti, Nicaragua, and Sudan, pending final resolution of the case. This may be particularly good news for Sudanese TPS beneficiaries whose status is scheduled to be terminated in less than a month, on November 2, 2018. The others are scheduled to terminate…
Prime Minister Theresa May’s announcement on October 1, 2018 that Britain will not continue to give EU nationals preferential immigration treatment after Brexit heralded the future of immigration between the EU and Britain. Britain will decide what the immigration requirements are for EU nationals. Speculation on whether Britain will adopt “US-style” visas for travel and work has been considered, and May herself already indicated that waivers of visa requirements may continue on a reciprocal basis…